Spring 2006

FROM THE PRESIDENT

Dear Fellow Members of the Charleston County Bar:

We probably all think, at some time at least, that we're really pretty attuned to what is going on around us – we're hopefully intuitive and trained to be perceptive. So, what's to make us really stop and ponder, especially professionally?

I was in a recent meeting with two of the City's finest attorneys, in which the future role of Alternative Dispute Resolution was being discussed. In what was an analysis of the pros and cons, one attorney mentioned that some members of our profession have had unpleasant experiences, and that others have expressed concern that too much reliance on methods by which disputes are resolved outside the court room will result in a loss of trial skills. The other lawyer paused, then thoughtfully stated, quite succinctly, that we are a service profession; our charge is to represent our clients in the manner most beneficial to them.

I stopped and pondered. All too often we find ourselves caught up in the process. We feel we have been challenged, and must, therefore, respond accordingly. We may feel threatened, or find ourselves in the middle of a game of “one-upsmanship”. But, we must, as my friend and colleague said, remember that we are not only committed, but are obligated to best serve our clients. And, while that sometimes may very well mean an honorable battle in the courtroom, it may also require the exploration of other roads to resolution. As we each examine our cases, let us not forget the alternatives available.

This is the beginning of the Bar's new year, and I want to thank each of you again for the opportunity to serve as your President. I have been active in this Bar since arriving in Charleston approximately 20 years ago, and as some of you heard me say at the Annual Meeting, I am most proud to call myself a member of this organization. We have some of the most honorable, talented and professional attorneys one could ever find, right here in our county. Please always be among them.

Sincerely,

Cheryl D. Shoun

Amanda L. Newell is pleased to announce the opening of The Law Office of Amanda L. Newell located at 192 East Bay Street, Suite 202, Charleston, SC, 29401. Ms. Newell practices family-based and employment-based immigration law. Tel. 722-1976.

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Anderson & Segui, L.L.C. is pleased to announce that Lisa A. Reynolds has become a member of the firm. The firm will now be known as Anderson Segui Reynolds, LLC. They are also pleased to announce the association of Shanna M. Milcetich, Eric M. Johnsen and Katherine C. Miars. The firm is located at 37-1/2 Broad Street, Charleston, SC 29401. Tel. 723-0185. 

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Eric M. Berman, P.C. announces the relocation of its office to 5900 Core Avenue, Suite 402, North Charleston, SC 29406. Tel. 747-5001. The office specializes in creditors’ rights, collection and commercial litigation.

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Finkel & Altman, LLC is pleased to announce that Richard G. Duerinskx has become an associate of the firm located at 3955 Faber Place Drive, Suite 200, North Charleston, SC 29405. Tel. 576-1072.

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Richard A. Hricik is pleased to announce the opening of The Law Offices of Richard A. Hricik, PA, located at 171 Church Street, Suite 160, Charleston, SC. Mr. Hricik practices in the areas of personal injury, litigation and contract/business disputes. E-mail Richard@CharlestonSCLawyer.com ; Tel. 722-0157; Fax. 577-0460.

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The law firm of McAngus Goudelock & Courie LLC is pleased to announce that John H. Tiencken has joined the firm’s Charleston office. His practice areas include utility, corporate, and environmental law.

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McNair Law Firm, P.A. is pleased to announce that Mary Shahid has become a shareholder in the firm. Ms. Shahid is located in the Charleston office.

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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. announces the relocation of its Charleston office from 134 Meeting Street to 211 King Street, Suite 200, Charleston, SC 29401. Tel. 853-1300; Fax. 853-9992.

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Steve Ruemelin announces the new location of his law office for the practice of family law, guardian ad litem and criminal defense to 3 Broad Street, Suite 400, Charleston, SC 29401. Tel. 377-1343; Fax. 377-1344.

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A. Peter Shahid, Jr. announces the relocation of his office, Shahid Law Offices, L.L.C., to 15 State Street, Charleston, SC 29401. Tel. 853-4500; Fax. 722-1119.

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Charleston and multiple office attorney seeks partner to open and manage Charleston office of business and litigation firm. Please call (970) 471-4315 with interest.

Law Office Space for Rent: Located at the Riesen Law Firm, 3660 W. Montague Ave., North Charleston, SC 29418, very near the North Charleston Coliseum. Established firm, free parking. Call Fred Riesen at 760-2450 for more information.

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Office Space Available: Located West Ashley at 800 Wappoo Road. Minutes from downtown, four blocks from Mark Clark Expressway. Space available for one attorney and one staff. Amenities include reception area, conference room, kitchen facilities, ample parking. Contact Ed Hawkins at 225-7565.

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Fabulous brand new office space in Mt. Pleasant: Office sharing arrangement. E-Wall Street is a new office complex located off Highway 17 within 3/4 of mile of the Ravenel Bridge and 526. All offices have large windows and space for support staff. Space available by April 15. Services included are parking; receptionist service, including phone answering and local telephone service with 400 long distance minutes; high-speed internet; electricity/water; janitorial service; three shared conference rooms (provided as available); shared kitchen; common area restrooms; and walking trails with pond. Call Scott Bluestein at 577-3092, Sally King-Gilreath at 884-3357 or Wendi Freeman at 849-1900.

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Law Office Space for Rent: Church Street, historic district. Second floor carriage house, total renovation. Located at 101 Queen (1800 sq ft), with parking. Call 723-6491 for details.

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Barbara E. Boylston announces the opening of her business, Professional Paralegal Services, offering quality, efficient paralegal services/assistance in all areas of law, to include file maintenance/organization; trial preparation; deposition summaries; indexing/organizing produced documents; medical record analysis/organization; and drafting of pleadings. If you need extra help and/or are understaffed, avoid the expense of hiring a “temp” and contact Professional Paralegal Services, the “paralegal pros,” to provide you with the expert work you demand at a savings you deserve. Tel. 763-9491; E-mail barbara.boylston@gmail.com .

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Municipal Judge – Court. The Town of Mount Pleasant will be accepting resumes for a Municipal Court Judgeship until April 30, 2006. The Municipal Judge will be one of four judges who will preside over traffic and criminal courts in addition to jury trials as assigned by the Clerk of Court. Appointment will be made by Town Council for a two-year term with a maximum term limit of eight years. Applicant must possess a law degree, have experience in trial law, and have a flexible schedule. For compensation information, please contact the Clerk of Court at 884-6796. Send resume to:

Town of Mount Pleasant

Municipal Complex

Personnel Division

Post Office Box 745

100 Ann Edwards Lane

Mount Pleasant, SC 29464

CHRISTIAN LEGAL SOCIETY

The local Christian Legal Society, which is a group of local Christian attorneys who meet for breakfast for an informal Bible study or to listen to a speaker, is expanding and will now have two meetings, one in Mt. Pleasant and one West of the Ashley. Please come to one or both!

Mt. Pleasant Meeting

When: Fourth Tuesday of each month at 7:30 a.m.

Where: Meetings will be moved to Beaners, 1150 Queensborough Blvd., Suite C, Mt. Pleasant, SC (near the Publix Shopping Center)

Call for directions (216-7668) if you are not sure where it is located.

West Ashley Meeting

When: Second Tuesday of each month at 7:30 am.

Where: Law Office of Elizabeth Atkins, 778 St. Andrews Blvd., Charleston, SC

Call for directions (763-0333) if you are not sure where it is located.

For additional information, you can contact any of the following:

Sam Clawson at sclawson@clawsonandstaubes.com

Reese Joye at reesejoye@aol.com

Thad Vincent at tvincent@thevincentlawfirm.com

Rhonda R. Jennings at rhondajennings@johnpricelawfirm.com

Elizabeth Atkins at ematkins2000@yahoo.com

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SCHEDULE OF MINIMUM FEES IN 1959 VS. 2006

According to their Consumer Price Index calculator on the Bureau of Labor Statistics website, a $150.00 fee for handling a divorce in 1959 would cost just over $1,000.00 in today's dollars ($1,006.70). A simple will, with a scheduled minimum fee of $25.00 in 1959, would cost $167.78 today. Hourly rates of $10.00 to $35.00 in 1959 equate to hourly rates of $67.11 to $234.90 today. The flat fee of $75.00 for examining a witness by deposition (direct or cross) in 1959 translates into a $503.35 fee today. Finally, for every appearance before the South Carolina Supreme Court, the minimum fee in 1959 was $250.00; that translates into a minimum fee of $1,677.84 today. 

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NOTICE TO ALL ATTORNEYS

Please take a moment to pull up the Lawyer Directory on our website, www.charlestonbar.org, and check to see if the information for you is correct. I have been trying to update the directory since the annual meeting. Some of you are not on it, and I am working very hard to see that each attorney is included. Please let me know if you are not on the Directory and e-mail the information to include to me at jkemp@ycrlaw.com. Also, it is very important that you notify me of any changes in your address throughout the year, instead of having to update the Directory just once a year. In going through the responses to the invitation to the annual meeting, I found that there were many attorneys who had not notified me of changes in firms, addresses, e-mails, etc. It is very important that this information be kept updated in order for each of you to get information we send out by mail and E-Blast.

PRO BONO MOMENTS

Pro Bono Legal Services, Inc.

Lamar Dixon had noticed an unfamiliar name on the tax bill for the heirs property which his and his sister’s families had lived on in separate mobile homes for years. He thought nothing of it; perhaps it was the name of some official. Lamar paid the taxes. Then he got a letter saying that a third party owned the property and had contracted to sell, and that Lamar’s and his sister’s families must move.

Fraudulent deed cases are not uncommon, especially where heirs property is involved. The rightful owners have, by the definition of heirs property, neglected, for one reason or another, to settle the title after the death of an ancestor. Records officials rely on the easily corrupted Notary Public system to assure the authenticity of documents. Rural folks, rich in family, spirit and character, but cash poor and with limited education, sometimes find that their faith in people is unknowingly misplaced, allowing them to be taken advantage of.

The consequences can be disastrous. Families are displaced, educations interrupted, bitterness and distrust engendered. Without a remedy in the courts, the consequences can effect generations yet unborn.

To the rescue come teams of Charleston County volunteer attorneys. Redressing a fraudulent deed requires both real estate and litigation skills. Practicing attorneys rarely develop both. In March 2006 two teams of two attorneys each, having these respective combined skills. undertook to redress wrongs of the type experienced by Lamar Dixon.

Since the opening of the Charleston County Bar Association’s (CCBA) Pro Bono Legal Services (PBLS) program, volunteers have been accessible for all meritorious cases which have come in the door. As the program becomes more well known for excellent service, increased demand will drive the need for more attorneys.

Effort is being made to advertise the availability of the service through networking and public announcement. The top government legal aid funding agency, The Legal Services Corporation, reports that only 80% of the need is currently being served and that 50% of the clients applying for traditional (direct service) legal aid are turned away.

County and state bar associations now, commonly, are involved in organizing some sort of pro bono program. Charleston County is one of very few county bar associations having received substantial funding for pro bono development.

PBLS and CCBA are teaming up for a free CLE at the Charleston Maritime Center on Friday, April 28, 8:30 AM – 1:00 PM. The topic is Family Law Nuts and Bolts for the Relatively Uninitiated. Many Charleston County attorneys practice in areas of law which are rarely of use in low income communities, e.g. maritime law, securities law. Here’s your chance to serve in a simple family court case.

Contact : Marvin H. Feingold, Pro Bono Director, 853-6456

Board Chairman: Gerald A. Kaynard

CIRCUIT COURT SCHEDULE - NINTH JUDICIAL CIRCUIT

(Court schedules are changing constantly; please verify current information through S.C. Court Administration or by checking the South Carolina Judicial Department website at http://www.judicial.state.sc.us/calendar/index.cfm )

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CHARLESTON COUNTY COMMON PLEAS JURY VERDICTS

(information supplied by Clerk of Court’s Office)

03-CP-10-3648 Rocky M. Singleton vs. Kenneth Matthew Powers

Attorneys: Plaintiff: Daniel S. Slotchiver

Defendant: Joseph R. Weston

Cause of Action: Negligence

Verdict: For the Plaintiff in the amount of $7,000.00 actual damages.

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04-CP-10-1461 Tony Ellis and Sara Beth Ellis vs. Elizabeth Wise

Attorneys: Plaintiffs: Walter Bilbro

Defendant: Barrett R. Brewer

Cause of Action: Negligence

Verdict: For the Plaintiff Tony Ellis in the amount of $3,721.16 actual damages; for the Defendant as to the claims by Plaintiff Sara Beth Ellis.

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04-CP-10-1881 Cheryl Taylor vs. Helen Bertrand

Attorneys: Plaintiff: John F. Martin

Defendant: E. Warren Moise

Cause of Action: Auto Accident

Verdict: For the Defendant.

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04-CP-10-2016 John Albert Branks vs. Andrea Nachman

Attorneys: Plaintiff: Johnny F. Driggers

Defendant: Lee C. Weatherly

Cause of Action: Auto Accident

Verdict: For the Defendant.

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04-CP-10-4000 Shawna Devin Taylor vs. Judith Fitzgerald

Attorneys: Plaintiff: Steven R. Ruemelin

Defendant: Christopher W. Nickles

Cause of Action: Auto Accident

Verdict: For the Plaintiff in the amount of $7,314.00 actual damages.

04-CP-10-3236 Joan M. Trauger vs. Omall Chisolm

Attorneys: Plaintiff: Gary A. Ling

Defendant: Joseph R. Weston

Cause of Action: Auto Accident

Verdict: For the Plaintiff in the amount of $40,000.00 actual damages and $10,000.00 punitive damages.

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04-CP-10-3687 Marion Bank-Smith and Joshua Smith vs. Auto Vision, LLC and Protection Plus, Inc, d/b/a C.A.R.S.

Attorneys: Plaintiffs: C. Steven Moskos

Defendants: Milton D. Stratos

Cause of Action: Breach of Contract

Verdict: For the Plaintiffs as to the claim for breach of warranty against Defendant C.A.R.S. in the amount of $780.00 actual damages; for the Defendant Auto Vision, LLC as to Plaintiffs’ claim for breach of warranty; for the Plaintiffs as to the claim for unfair trade practices against Defendant Auto Vision, LLC in the amount of $830.00 actual damages.

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04-CP-10-4104 Mary Busbee vs. Medical University of South Carolina and Medical University Hospital Authority

Attorneys: Plaintiff: Jarrell L. Wigger

Defendants: Elliott T. Halio

Cause of Action: Medical Malpractice

Verdict: For the Defendants.

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04-CP-10-4087 Earline Haley vs. James Malcolm White

Attorneys: Plaintiff: Joseph J. Condon, Jr.

Defendant: Pro Se

Cause of Action: Negligence

Verdict: For the Plaintiff in the amount of $9,562.00 actual damages.

FEDERAL COURT JURY VERDICTS

(information supplied by the Clerk of Court’s Office)

9-02-3878-PMD Karen Fryer, Individually and as Personal Representative of the Estate of Erika M. Hayward vs. Ford Motor Company

Attorneys: Plaintiff: James E. Bell, III, Kevin R. Dean, Rhett D. Klok, John A. O’Leary

Defendant: Carmelo B. Sammataro, David L. Brown, Jr., Elbert S. Dorn, John S. Wilkerson, III, Nicholas W. Gladd, Regina A. Petty, Donald A. Thomas, John K. Blincow, Jr. and R. Gordon Sproule, Jr.

Cause of Action: Diversity – Product Liability

Verdict: For the Plaintiff in the amount of $3,250,000.00 actual damages.

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9-02-23322-PMD Gwendolyn Wilson vs. Ford Motor Company

Attorneys: Plaintiff: James E. Bell, III, Kevin R. Dean, Rhett D. Klok, John A. O’Leary

Defendant: Elbert S. Dorn, John S. Wilkerson, III, and Nicholas W. Gladd

Cause of Action: Diversity – Product Liability

Verdict: For the Plaintiff in the amount of $5,000.00 actual damages.

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9-03-0959-PMD Bridgette Michelle Burden vs. Ford Motor Company

Attorneys: Plaintiff: James E. Bell, III, Kevin R. Dean, and Thomas E. Crenney

Defendant: Elbert S. Dorn and John S. Wilkerson, III

Cause of Action: Diversity – Product Liability

Verdict: For the Plaintiff in the amount of $270,000.00 actual damages.

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9-03-960-PMD Carla Denise Leurie vs. Ford Motor Company

Attorneys: Plaintiff: James E. Bell, III, Kevin R. Dean, and Thomas E. Crenney

Defendant: Elbert S. Dorn and John S. Wilkerson, III

Cause of Action: Diversity – Product Liability

Verdict: For the Plaintiff in the amount of $400,000.00 actual damages.

9-04-319-PMD Tonya L. Nevins vs. Wal-Mart Stores, Inc.

Attorneys: Plaintiff: Thomas A. Holloway and William B. Harvey, III

Defendant: Anthony W. Livoti and Ronald B. Diegel

Cause of Action: Diversity - Personal Injury

Verdict: For the Plaintiff in the amount of $1,500,000.00 actual damages.

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9-03-3938-PMD Pamela Swanson vs. Brian G. Widenhouse and Palmetto Plastic Surgery, P.A.

Attorneys: Plaintiff: David Popowski and James L. Bell

Defendants: Neil D. Thomson and Todd W. Smyth

Cause of Action: Diversity - Medical Malpractice

Verdict: For the Defendants.

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2-04-948-DCN William B. Tuttle, Jr.; Raymond J. Johnson; George H. Kuchen; John E. Strait; Richard Sirois; and James A. Taylor vs. Daniel Marvin and Trine Day, LLC

Attorneys: Plaintiffs: David A. Collins, Benjamin W. Deaver, Bobby G. Deaver, William M. Koontz

Defendants: Christopher Ogiba and Barry A. Bachrach

Cause of Action: Diversity – Defamation

Verdict: For the Defendants; for the Plaintiffs as to the counterclaim for defamation by Defendant Daniel Marvin.